THE SENATE

S.B. NO.

3127

THIRTY-SECOND LEGISLATURE, 2024

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NUISANCE PREVENTION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the department of health is charged with protecting both public and environmental health, with the understanding that the health of a community requires the prevention of both diseases and threats to the environment.  With climate change and the increasing pressures on resources and communities, existing law needs to be clarified to specify that the department of health has the legal authority and obligation to act when there are nuisances that threaten public or environmental health.

     Accordingly, the purpose of this Act is to clarify the legal authority of the department of health to prevent nuisances that threaten public health or environmental health, both of which affect the health of a community and the people of the State as a whole. 

     SECTION 2.  Chapter 322, Hawaii Revised Statutes, is amended by amending the title of part I to read as follows:

"PART I. [ABATEMENT] PREVENTION OF NUISANCES"

     SECTION 3.  Section 322-1, Hawaii Revised Statutes, is amended to read as follows:

     "§322-1  [Removal, prevention.] Prevention.  The department of health and its agents shall examine into all nuisances, such as foul or noxious odors, gases or vapors, water in which mosquito larvae exist, sources of filth, and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to public or environmental health, and into any and all conditions created or existing [which] that cause or tend to cause sickness or disease or to be dangerous or injurious to public or environmental health, and shall cause the same to be [abated, destroyed, removed, or prevented.] prevented, which may include abatement, destruction, or removal of the nuisance.

     For purposes of this part, a nuisance shall include:

     (1)  Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; and

     (2)  Odors and filth resulting from a person feeding feral birds."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

 

 

Report Title:

DOH; Nuisance Prevention; Environmental Health; Public Health

 

Description:

Clarifies that the Department of Health has the legal authority and obligation to prevent nuisances that affect environmental health and public health.  (SD1)

 

 

 

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